An Appraisal Of The Recently Signed Nigerian Correctional Services Act

The signing of the Nigerian Correctional Services Bill into law by the president is a welcome development that is long overdue. Proper implementation of the provisions of the new act will not only improve the correction and reintegration of convicted persons but also breathe life into the provisions of the Administration of Criminal Justice Act and the various Administration of Criminal Justice Laws dealing with Non-Custodial Alternatives.

A number of new measures have been introduced into the new Act that are geared towards improving the prison (custodial) system. Notable amongst them are:

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         Clear functions of the Correction Service with correction being the primary goal – S10

         Reformation and rehabilitation of inmates – S14

         Standard which custodial centres must meet – S9(1)

         Proper documentation of inmates – S13

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         Separate facilities for female and juvenile offenders – SS34 & 35

         Decongestion of custodial centres when filled beyond capacity and power of State Controller to refuse new inmates – S12(4) – (10)

         Prevention of inhumane treatment of inmates – SS7 & S15

         Provision of non-custodial services to wit: probation, parole, community service etc. – S37

         Conversion of death sentence to Life imprisonment where inmate has spent 10 years and above in custody without being executed– S12(2)(c)

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         Establishment of a health centre and deployment of at least a medical doctor in every custodial centre – S23(4)

Adequate provisions have been made in the New Act to facilitate the decongestion of custodial centres as well as the speedy trial of inmates awaiting trial. S12(4) & (5) provides that where a custodial centre exceeds its capacity, the state controller should within a week notify the Chief Judge of the state, the Attorney-General of the State, Prerogative of Mercy Committee, State Criminal Justice Committee and other relevant bodies, or in the FCT the Attorney-General of the Federation and the Chief Judge of the FCT. The notified bodies are expected to take necessary steps to rectify the overcrowding within 3 months. S12(8) makes provision for the State Controller to reject new inmates if nothing is done after the expiration of 3 months.

There is also a provision for the Correctional Service to liaise with head of justice institution and other relevant agencies to review and eradicate causes of high number of pre-trial detainees and develop effective ways to enhance speedy trial.

The introduction of the non-custodial system will also foster the decongestion of the Custodial Centres as there will now exist new alternatives to the previous practice of all offenders being sent to prisons. Also, there may not be need to complete the term of imprisonment if the inmate has shown that he has been reformed, such inmate will be released on Parole.

A lot of work needs to be done for an effective overhaul of the old system. New custodial centres need to be built and the old ones need to be renovated to ensure the humane detention of the inmates. Training centres and workshops need to be built in all the states of the federation to serve as medium of engaging an equipping the inmates with skills in preparation for gainful employment and occupation after serving their terms. Farms need to be established for the Correction Service to train inmates in crop production and animal husbandry and will also serve in assisting the Service in food sufficiency and the excess sold to generate income for the Service and inmates.

There is also need for a reorientation and to specially train the staff of the Nigerian Prison Service so that their modus operandi will reflect the change encapsulated in the new Act.

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Furthermore, for the objectives of the new act to be achieved, there has to be willpower as well as synergy amongst all the agencies of government involved to avoid them working at cross purposes. The security agencies particularly need to be cooperative and avoid unnecessary arrests and detention of citizens without due observance of the rule of law. Officers and men of any law enforcement agency who wilfully breach or violates the rights of citizens and engage in unlawful arrest and detention should be personally made liable. This will certainly deter others from such acts.

It is hoped that if the government shows seriousness and demonstrate willpower, proper funding and capacity and ensure the full implementation of the new Act, there will certainly be a new life in our prison system and these will truly reflect and justify the new name and changes.

-Enamhe PhD, is the National President, Association of Professional Negotiators and Mediators, writes from Abuja.

Disclaimer: This article is entirely the opinion of the writer and does not represent the views of The Whistler.

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